WAC 284-212-005

(1) Except as otherwise specifically provided, this chapter applies to all supplemental long-term care insurance policies, contracts, or riders delivered or issued for delivery in this state on or after May 1, 2026, including qualified supplemental long-term care insurance policies and life insurance policies that accelerate benefits for supplemental long-term care. This chapter applies to insurance companies, fraternal benefit societies, health care service contractors, health maintenance organizations and all other entities delivering or issuing for delivery any supplemental long-term care insurance policies, contracts, or riders (collectively called "issuers" in this chapter).

(2) Some sections of this chapter apply only to supplemental long-term care insurance policies that are federally tax-qualified, as provided for by the Health Insurance Portability and Accountability Act of 1996 and by Section 7702B(b) of the Internal Revenue Code of 1986, as amended.

(3) This chapter applies to policies, contracts, or riders, delivered or issued for delivery in this state having indemnity benefits that are triggered by activities of daily living, which meet the definition of "supplemental long-term care insurance" set out in RCW 48.212.020, and are sold as disability income insurance, if:

(a) The benefits of the disability income policy are dependent upon or vary in amount based on the receipt of long-term care services;

(b) The disability income policy, contract, or rider is advertised, marketed, or offered as insurance for long-term care or nursing home services; or

(c) Benefits under the policy commence after the policyholder has reached Social Security's normal retirement age, unless the benefits are designed to replace lost income or pay for specific expenses other than long-term care services.